Study On The Member Ownership Of Apartment Building

The triadic theory of the ownership of apartment building system has been accepted by most countries. Our country has introduced this standpoint. Ownership,common ownership and membership are three parts of the ownership of apartment building.The three parts are closely connection and undivided.The ownership of apartment building system solves the contradiction of property right which brought by high-rise buildings.Membership system may preserve the condominium's common interests. Property Law and the relevant judicial interpretations have specified on membership,but it still need improve and complete in many aspects.Besides the introduction and conclusion, this paper is divided into four parts.The first part analyses meaning and character of membership.The meaning of membership is that owners enjoy rights and undertake obligations which is because of the ownership on a building. The paper summarize the meaning by observing and studying the history of the ownership of apartment building system. On the basis of studying different viewpoint, the paper summarize the character of membership. It is a new type of right with property character and personal character.The second part sum up the content of membership.The membership consists of right and obligation.The right contains the right of participating in formulating adminstrative provisions,voting power,the right of electing and supervising and relieving manager.The purpose of these rights is to guarantee that owners can participate in Managing Organisation to express their will.The owners'obligation includes participating in managing and sharing responsibility of the administration costs and paying for reparation dues and so on.Sharing administration costs is owners' legal duty,because it is requirement to maintain the interest of owners.In addition, the paper point out that it should build consummate program to pay dues and manage,to insure the safety and pay promptly of dues.The third part analyses membership subjects and restrictions of membership right. The subject of membership is owner.Owners contain two classes. They are owners who have properties and prospective owners. This may avoid absence of subjects. Membership is right,but also obligation. We should restrict membership. During the process of exercising right, onwers can't violate others' lawful right and benefit and should observe administration program. Owners meeting or owner's committee should possess power of punishment to restrict membership and preserve other owners' right and interest.The fourth part suggests on perfecting legislation about membership. Specifically including:according to the traditional of the system of ownership of apartment building and practically needed, China law should use "membership" instead of "comanagement". It helps to construct perfect system of membership. Common parts should be divided into two parts. They are all possession and sectional possession. China law should specify the boundaries of proprietary and common. And also stipulate that independent construction and registration of property right are essential condition discriminate the two parts; China law should clear give owners meeting and owner's committee status in litigation, intercalate legal system on protecting the rights and interests of minority owners during decisions of the owners' meeting, and specify that minority owners can bring a case to a People's Court to repeal owners meeting's decision because of their own interests; China law should specify that "First fit the need of owners" determination conditions about parking space and carbarn in communities, the supply of parking space and carbarn must satisfy certain proportion and this is the responsibility of property developers, residential property owners enjoy the pre-emptiveright in the transaction process of parking space and carbarn, common parking space belongs to all owners and its use, maintenance and dispose are decided by the owners meeting.